Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

COMMONWEALTH PENNSYLVANIA v. MARVIN TURNER (12/17/82)

SUPERIOR COURT OF PENNSYLVANIA


filed: December 17, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
MARVIN TURNER, APPELLANT

No. 628 Philadelphia, 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Delaware County, No. 112-80

COUNSEL

Michael A. Tier, Philadelphia, for appellant.

Bruce W. Vosburgh, Assistant District Attorney, Media, for Commonwealth, appellee.

Spaeth, Montgomery and Lipez, JJ.

Author: Per Curiam

[ 308 Pa. Super. Page 33]

In a hearing before a district justice, defendant was convicted of violating a weight restriction on use of a bridge. 75 Pa.C.S. § 4902(a). The district justice fined defendant $6,675 under statutory formula. 75 Pa.C.S. § 4902(e). Defendant took an appeal for trial de novo in common pleas court. 42 Pa.C.S. § 932. After the trial de novo, the court below on February 18, 1981 entered an order which found defendant guilty and reimposed the same sentence which had been given by the magistrate. Defendant filed this timely appeal from that judgment of sentence. Because the court below gave defendant no opportunity to file post-verdict motions between the finding of guilt and imposition of sentence, we must vacate the judgment of sentence and remand for filing of post-verdict motions. See, e.g., Commonwealth v. Aldrete, 303 Pa. Super.Ct. 398, 449 A.2d 747 (1982).

Judgment of Sentence vacated, and case remanded for filing of post-verdict motions. Jurisdiction is not retained.

19821217

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.